Terms and Conditions for TERRORHYTHM Community Translation Program
Introduction Under EvilCoGames “TERRORHYTHM Community Translation Program” (“Community Translator Program”) you are given an opportunity to translate TERRORHYTHM “Knowledge Base” articles, software strings and phrases (“Articles”) from English into a language in which you are fluent. These translated Articles may then be accessed and read by members of the TERRORHYTHM community or others. By enrolling as a Community Translator using the online signup form provided, you agree to be bound by the terms and conditions set forth below (the "Agreement"), so please read these terms and conditions carefully. In this Agreement, "EvilCoGames", “we” or “us” refers to Evil Corporation Games, and "Community Translator", "you", or "your" refers to the party performing the language translation services. Community Translator's Responsibilities You may select a language from our lists here: to translate from English into a language in which you are fluent. In doing so, you agree to provide translations in good faith and you agree not to provide automated or inappropriate translations. Although you are responsible for the content and accuracy each translation, EvilCoGames reserves the right to review, reject, or remove any translation at any time for any reason in its sole discretion. You represent and warrant that all information you provide for the purpose of enrolling as a Community Translator will be accurate, complete and current. Proprietary Rights You acknowledge and agree that EvilCoGames owns all legal right, title and interest in and to the Articles, including any intellectual property or other proprietary rights which subsist in the Articles translated or the resulting translations (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You therefore acknowledge that you have no intellectual property or other proprietary rights in such Articles translated or the resulting translations. No Compensation You understand that EvilCoGames, other TERRORHYTHM users, and the general public, may use your translations for any purpose. You acknowledge that you are providing these translations on a purely voluntary basis, as a means of assisting the TERRORHYTHM community to use, implement, and understand various facets of the TERRORHYTHM platform. EvilCoGames makes no guarantee or representation as to whether or not your translations will be used, and you understand and acknowledge that EvilCoGames will not compensate you for the translations that you provide. Term and Termination The term of this Agreement begins on the date you enroll in the Community Translation Program and continues until terminated as specified herein. If you are dissatisfied with the Community Translation Program or with any of the terms and conditions contained in this Agreement, your sole and exclusive remedy is to terminate your Community Translator status. You may do so by emailing us at support@evilcg.com. In such a case, your status as a Community Translator will be deemed terminated when EvilCoGames receives notice from you. EvilCoGames may, in its sole discretion, terminate or discontinue the Community Translation Program at any time, terminate your Community Translator status, discontinue your participation in the Community Translation Program, or remove, edit or alter your translations. EvilCoGames may exercise its discretion to so terminate, discontinue, remove, edit or alter, as provided for above, for any reason including, but not limited to, if EvilCoGames believes that you have violated the terms of this Agreement, EvilCoGames’s Terms of Service, or if EvilCoGames believes your conduct is harmful to EvilCoGames or others. You acknowledge and agree that all such decisions by EvilCoGames are final and EvilCoGames will have no liability with respect to such decisions. EvilCoGames will notify you of termination of your Community Translation Program account via email, and any such cancellation or termination shall be effective on the date EvilCoGames sends such notice. Notices Unless otherwise set forth in this Agreement, EvilCoGames may give general notices to you by posting on any TERRORHYTHM web site (e.g., evilcg.com) and, where possible, by electronic mail to your email address. No Warranty from EvilCoGames YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE COMMUNITY TRANSLATION PROGRAM IS AT YOUR OWN RISK. THE COMMUNITY TRANSLATION PROGRAM IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EVILCOGAMES EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS CONSULTANTS OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE COMMUNITY TRANSLATION PROGRAM, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE COMMUNITY TRANSLATION PROGRAM, EVILCOGAMES, AND/OR THE EVILCOGAMES WEB SITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. Limitations of Liability IN NO EVENT SHALL EVILCOGAME , ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF EVILCOGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, EVILCOGAMES’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that EvilCoGames has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You agree that the exclusive venue for any disputes arising under this Agreement shall be the state and federal courts located in the City and County of San Francisco, California. Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and EvilCoGames. EvilCoGames may modify the terms of this Agreement at any time upon notice published on EvilCoGames's web site. Any use of the Community Translation Program after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.